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2025 DAILYLAW 109169 (ALL)

PRADEEP SHARMA v. STATE OF U.P. AND ANOTHER

A482/41764/2024 · 2025-08-06

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133758 Court No. - 64 Case :- APPLICATION U/S 482 No. - 41764 of 2024 Applicant :- Pradeep Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Subedar, Advocate, holding brief of Sri Ganesh Shanker Srivastvata, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the records. 3. Notice was issued to the opposite party no. 2 vide order dated 31.1.2025. Office vide its report dated 06.8.2025 reported that notice has been served personally on the opposite party no. 2 as per the report of C.J.M. concerned which is dated 15.4.2025. Despite service no one appears on her behalf even in the revised list. Service of notice is thus sufficient. 4. The present application under Section 482 Cr.P.C. has been filed by the applicant Pradeep Sharma with the prayer to quash the charge sheet dated 02.8.2023 and cognizance/summon order dated 05.10.2023 of the Criminal Case No. 44586 of 2023 (State vs. Pradeep Sharma and others), arising out of Case Crime No.29 of 2023, under Sections 498A, 323, 504 I.P.C. and 3/4 Dowry Prohibition Act, 1961, Police Station- Bisarakh, District- Madhya (Commissionerate Gautambudh Nagar), and pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar.It is further prayed to stay the entire proceedings of said criminal case. 5. The matter was referred to the Mediation Centre of this Court vide order dated 31.1.2025 for making an effort between the parties for settling their disputes amicably. 6. As per report of Mediation Centre dated 29.4.2025 the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them in view of interim settlement agreement dated 15.4.2025. 7. As per the office report dated 06.8.2025, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful. 8. Learned counsel for the applicant argued that parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court and therefore the impugned charge sheet and cognizance/summon order be quashed on the ground of settlement arrived at between the parties. 9. Learned State counsel could not dispute the factum of compromise between the parties which is on record. 10. From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement dated 29.4.2025 between the parties subject to the terms and conditions mentioned therein and the Mediation succeeded. The parties have settled their grievances and even the dispute arising in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 7(g) & (h) of the said mediation report. 11. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 12. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the impugned charge sheet and cognizance/summon order as prayed for by the applicant. 13. The present application is allowed. 14. The charge sheet dated 02.8.2023 and cognizance/summon order dated 05.10.2023 in the aforesaid case are hereby quashed. (Samit Gopal,J.) Order Date :- 7.8.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad